[HISTORY: Adopted by the Board of Trustees of the Village of Old
Westbury 2-18-1992 by L.L. No. 2-1992.
Amendments noted where applicable.]
A.
The purpose of this chapter is to protect the rights
of Village residents who desire not to receive unwanted print or other written
materials, whether commercial or noncommercial in nature, including unsolicited
newspapers. The right of privacy affords citizens an unquestionable and enforceable
right to determine and limit the materials they will allow to be delivered
on their private property. A person may not be compelled to listen to or view
any unwanted communication, spoken or written, whatever its merit, in the
privacy of his home. When a resident affirmatively provides notice that he
desires not to receive delivery of unsolicited print or other written materials,
to deliver is, in effect, a trespass against the resident.
B.
This chapter is intended to ensure and protect the privacy
rights of Village residents on their private property and to deter the accumulation
of unsolicited literature that might signal that a house is unoccupied. It
is further intended to prevent littering and protect the aesthetic appearance
of the Village by reasonable regulation of the time, place and manner of the
distribution and delivery of unsolicited print or written materials in the
Village.
Chapter 149 of the Old Westbury Village Code is hereby repealed in its
entirety.[1]
[1]
Editor's Note: Former Ch. 149, Peddling and Soliciting, was adopted
10-15-1979 as L.L. No. 7-1979 and amended 6-16-1980 by L.L. No. 8-1980.
A.
The Village Clerk shall maintain a list of all Village
residents, by address, who have filed a written notice with the Village Clerk
requesting that all, or certain, unsolicited print or other written materials
not be delivered onto their premises.
B.
Written notice shall be effective for a period not to
exceed two years. The list shall be revised from time to time as the Clerk
is notified by an owner or person in charge of the premises that he wishes
to have his property either removed from or placed on the list. Whenever the
Village Clerk becomes aware that the ownership or occupancy of any listed
premises has changed, the list shall be revised by deleting said address from
the list. Nothing in this chapter, however, shall require the Village Clerk
to verify the identity of any owner or person in charge of any premises or
to verify any change of ownership, occupancy or control. The Village shall
not be liable for any errors or omissions on the list.
A.
No person, organization, society, association, company or corporation, or their agents or their representatives, may distribute or deliver any unsolicited print or other written material upon the property of any Village resident without first having registered with the Village Clerk prior to such distribution or delivery. The registration shall be signed and duly acknowledged by a person who is an owner or authorized agent and accepts responsibility for the receipt of the list of residents described in § 153-3 hereof and for the compliance by delivery persons and carriers with the provisions of this chapter.
B.
The registrant shall also provide to the Village Clerk
the name of the print or other written material to be distributed, the name,
addresses and telephone number of the distributor, a list containing the names
and addresses of all carriers and delivery persons who will be distributing
or delivering its print or other written material in the Village and a list
of the license plate numbers of any motor vehicles used by the carriers and
delivery persons in making their deliveries. The authorized agent shall be
responsible for updating and keeping these lists current with the Village.
No person, organization, society, association, company or corporation, or their agents or representatives, including but not limited to the authorized agent described in § 153-4 hereof and the actual deliverer or carrier, shall deliver, distribute, throw, cast or place or cause or permit to be delivered, distributed, thrown, cast or placed any unsolicited print or other written material of any nature whatsoever upon the premises of any Village resident who has requested that such print or other written material not be delivered to his premises and whose address has been listed with the Village pursuant to § 153-3 hereof and provided to the registrant in accordance with § 153-4 hereof.
No person shall throw, cast or place in or upon any Village right-of-way,
street, avenue or highway any unsolicited print or other written material,
including but not limited to newspapers, handbills, circulars, advertising
and cards.
Any person, organization, society, association, company or corporation, or their agents or representatives, who or which delivers or distributes any unsolicited print or other written materials shall be responsible to clean up and remove all of its print or other written materials from the Village rights-of-way and any other location set forth in § 153-6.
It shall be unlawful for any person to throw, cast or place upon the
doorknob or the door of any residence in the Village any unsolicited print
or other written materials whatsoever, including but not limited to handbills,
circulars, advertising, newspapers and cards.
Any organization, society, association, company, corporation or individual
who or which commits, takes part or assists in any violation of this chapter
shall, for each and every violation, for each and every day that such violation
continues, be subjected to a fine of not more than $250.
